DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 9777-19                                                            
Ref: Signature Date 

This is in reference to your application of 26 August 2019 for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 27 January 2020.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, relevant portions of your naval record, and applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 23 December 1985.  On 17 April 1986, you were disenrolled from your A school training for academic reasons and assigned as Seaman for general detail duty.  On 19 February 1987, you received non-judicial punishment (NJP) for disrespectful language and deportment toward a First Class Petty Officer. You were awarded forfeiture of pay and advised that further deficiencies in performance or conduct could result in administrative separation.  On 3 October 1987, you received a second NJP for wrongful possession of marijuana.  On 9 July 1988, you received a third NJP for wrongful use of marijuana.  On 15 July 1998, a drug and alcohol abuse screening found you were not drug dependent, not amenable to counseling or rehabilitation, and recommended administrative separation.  On 29 July 1988, an administrative action to separate you from the naval service was initiated for misconduct.  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review.  Your commanding officer recommended that you receive an under other than honorable (OTH) characterization of service and the separation authority approved your separation from the Navy.  On 1 August 1988, you were discharged with an OTH characterization of service. 

You request that the Board upgrade your discharge.  You assert that you were not disrespectful, did not wrongfully possess or use marijuana, and you were not evaluated for drug dependency.  Additionally, you state you had no pre-service involvement with law enforcement.  Lastly, you claim you “had a problem with the First Class Petty Officer who would not let me take the EOD test and stopped me from being on All Navy Boxing Team.”  The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct that resulted in three NJPs, all of which occurred after you had initially been warned about the possibility of administrative separation.  The Board noted that you provided no evidence to support your contentions.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law and in good faith.  Lastly, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 

2/11/2020